Montgomery County District Attorney says Rafael Robb's parole violated law

COURTHOUSE — Montgomery County District Attorney Risa Vetri Ferman, joined by state lawmakers and Gary Gregory, the brother of murder victim Ellen Robb, said the state parole board broke the law when they refused to allow the victim’s family to appear at parole hearings.

Now, the parole board has agreed to hear the pleas of friends and family members of Ellen Robb, whose murderer, Rafael Robb, is scheduled to be freed from prison on Jan. 28.

During a late-day press conference at the Montgomery County Detectives’ Bureau training room, the group explained how the Pennsylvania Board of Probation and Parole (PBPP) violated the law when the granted Robb parole before hearing from members of the family.

“We learned that there is a statue in Pennsylvania that mandates the parole board hear from the victims family if they wish. The victim’s (family) representatives shall be permitted to appear in person and be examined,” said Ferman.

Ferman said that recent media attention on the subject has gotten the parole board’s attention.Mike Vereb (R-150th of Montgomery County) and Todd Stephens (R-151st of Montgomery County) said the family should have the right to present their own facts as to why Robb should stay in prison.

“We all agree and concur it is not only a ‘shall’ or an ‘or,’ the family must be given the opportunity to present live testimony before the parole board. The law is there. This family has a right and that board has a duty to see this family,” said Vereb.

Vereb said he asked Gov. Tom Corbett to intervene. A deputy chief of staff member is said to begin immediate interaction with this family.

Robb, of Wayne, was a former University of Pennsylvania economics professor and expert in “game theory,” a study of strategic decision making.

Robb pleaded guilty to voluntary manslaughter in November 2007 in the high-profile case spearheaded by then-District Attorney Bruce L. Castor, Jr. He was sentenced to five to 10 years in prison, following a plea deal.

Castor, Ferman and Gregory said they have sent multiple letters to the parole board asking for Robb to be held in custody for the entire 10 years, but to no avail. Robb reportedly had been granted parole based on good behavior, letters of recommendation, and a number of other positive factors for him. He was denied an early release in late 2011.

“They certainly should have heard from Mr. Gregory and other family members,” said Stephens.

“Why would the parole board grant parole at the minimum sentence?”

Ellen Robb was bludgeoned to death with an exercise bar in her kitchen just three days before Christmas 2006. Investigators initially thought she had been shot in the face with a shotgun, based on the gruesomeness of the crime scene. The couple reportedly had been arguing over plans for their Main Line home after an ugly divorce.

According to the terms of Robb’s release, he is required to provide proof of an active job search, comply with supervision under the domestic violence protocol and undergo a mental health evaluation.

Some of the reasons for parole are as follows, according to the notice of the board’s decision:

“Your participation in and completion of prescribed institutional programs, your positive institutional behavior, the position recommendation made by the department of corrections” and “your acceptance of responsibility for the offense(s) committed.”

Earlier this week, Ferman said that in her 20 years as a prosecutor, this is only the second time she has asked the state parole board to reconsider a decision. She said she had to learn about Robb’s scheduled release from Gregory.

“We had learned that there is an established legal right for families who have gone through what we have gone through, to bring that feedback directly forward,” said Gregory.

“We will meet with the chairman of the board and we plan to bring him direct feedback. This man needs to remain behind bars. There is no reason he should be freed after serving only five years. He’s got a lot more time to serve.”